Do I have to disclose all the defects of my house to the purchaser?

Yes. As seller, you have the obligation to inform the purchaser of all the defects which make the immovable property unsuitable for the use for which it is intended or which are susceptive to decrease the value of it. If you neglect to do so, you will become responsible for these defects towards the purchaser after the sale.

For example, it can be:

• an infiltration of water coming from the foundation or the roof;
• an invasion of ants, rats;
• a fireplace which does not work properly;
• a defective furnace;
• the presence of undesirable materials such as urea-formaldehyde foam insulation (UFFI) or pyrite;
• the flooding which you undergo each spring caused by the overflowing of a watercourse;
• the ventilation of the roof space which is not adequate.

You also need to bring to the attention of the purchaser the rights of other persons which are susceptive to affect the immovable property. It could be, for example, a servitude. A servitude is a right which provides an advantage to an immovable property on another immovable property. The existence of a servitude in favor of Hydro-Québec or Bell Canada to allow the passage of electric or telephone wires, a right of way for accessing a lake, a servitude of views to allow the preservation of a window situated too close to the dividing line between two lands will have to be communicated to the purchaser. Let us note here that it is not however a matter of latent defects, but of dismemberments of the right of ownership described in the Civil Code of Quebec.